Presidential pardons are a unique and often controversial aspect of the U.S. legal system. The power to grant clemency, including pardons and commutations, is vested in the President by the Constitution. But which president holds the record for the most acts of clemency? Let’s delve into the data and explore What Is The Highest Number Of Pardons By President in United States history.
According to a Pew Research Center analysis of data from the U.S. Department of Justice, former President Joe Biden granted more acts of clemency than any other president on record.
Joe Biden’s Record-Breaking Clemency Numbers
During his four-year term, Joe Biden granted a total of 4,245 acts of clemency. This number significantly exceeds that of any other president in the 20th and 21st centuries, even surpassing Franklin D. Roosevelt, who granted 3,796 acts of clemency during his 12 years in office. It also dwarfs the total number granted by his immediate predecessor.
Understanding Acts of Clemency
“Acts of clemency” encompass various forms of presidential mercy, including:
- Pardons: Forgive past crimes and restore civil rights.
- Commutations: Reduce sentences for individuals currently incarcerated or under community supervision.
- Remissions: Reduce financial penalties linked to convictions.
- Respites: Temporary reprieves typically granted for medical reasons.
It’s important to note that the Justice Department’s statistics exclude clemency granted to entire groups of people via proclamation, such as actions taken by Presidents Jimmy Carter and Gerald Ford to forgive Vietnam War-era draft dodgers.
Biden’s Unique Approach to Clemency
While Biden issued 80 pardons, the second-lowest number on record (only George H.W. Bush granted fewer with 74), the nature of some of these pardons was unprecedented. Biden issued “preemptive pardons” to individuals who hadn’t been charged with, convicted of, or even investigated for any crimes. He also pardoned his son, Hunter Biden, without a formal request.
Conversely, Biden’s use of commutations was exceptionally high. The 4,165 commutations he granted more than doubled the number issued by Barack Obama, who granted 1,715 during his two terms. This included a near-total emptying of the federal death row, with Biden commuting the sentences of 37 out of 40 federal death row inmates to life imprisonment without parole.
Timing is Everything: Late-Term Clemency
Like many presidents, Biden issued a significant portion of his clemency acts towards the end of his term. A staggering 96% of his acts of clemency were granted in his final fiscal year, with 2,490 commutations issued on January 17th alone – more than any previous president had granted during their entire tenure.
Clemency Trends: A Historical Perspective
Historically, presidents have become less forgiving over time, based on the percentage of clemency requests granted. While presidents from William McKinley to Jimmy Carter granted at least 20% of requests, that number declined to 12% for Ronald Reagan and single digits for subsequent presidents until Biden.
Obama’s record is a mixed bag. While he granted more acts of clemency than most recent presidents in absolute numbers (1,927), this represented only 5% of all requests he received – among the lowest percentages ever. This was largely due to his administration’s Clemency Initiative, which encouraged federal prisoners to apply for leniency.
Controversy and the Clemency Power
Presidential acts of clemency have often been met with controversy. Biden’s preemptive pardons and family pardons have sparked backlash, but he’s not alone. Donald Trump faced criticism for pardoning individuals with personal or political connections and for his blanket pardon of those convicted in the Jan. 6 Capitol riot. Obama’s commutations for drug offenders also drew criticism from Republicans. Even Bill Clinton faced bipartisan condemnation for pardoning Marc Rich and his half-brother Roger Clinton.
Perhaps the most famous act of clemency was Gerald Ford’s preemptive pardon of Richard Nixon in the wake of the Watergate scandal, highlighting the complex and often politically charged nature of presidential pardons.
Conclusion
In summary, Joe Biden holds the record for what is the highest number of pardons by president, primarily due to his extensive use of commutations. The power of clemency remains a significant and often controversial aspect of the U.S. presidency, with each president shaping its application in unique and impactful ways.
